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Full text of "Medical Jurisprudence And Toxicology"

CHAPTER XVI

SEXUAL OFFENCES

Under the heading, "sexual offences", may be described rape, incest
and unnatural offences including certain abnormal sexual perversions.

RAPE

DdinitioaH-Rape is defined as the unlawful and carnal knowledge by
a man of his wife under the age of fifteen years or of any other woman
imder the age of sixteen years, or above that age against her will, without
her consent, with her consent, when her consent has been obtained by
putting her in fear of death or of hurt, or with her consent, when the man
knows that he is not her husband, and that her consent is given because she
believes that he is another man to whom she is or believes herself to be
lawfully married.? Section 375 of the Indian Penal Code as amended under
tfee Indian Penal Code and the Code of Criminal Procedure (Amendment)
Act (India Act No. XLEE), 1949, refers to the offence of rape, for which the
accused shall be punished under section 376 with transportation for life, or
with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine, unless the woman raped is his own
wife and is not under twelve years of age, in which case he shall be punished
with imprisonment of either description for a term which may extend to
two years or with fine or with both (vide Appendix IV).

It must be mentioned that no court in India shall take cognizance of an
offence under sectkm 376 of the Indian Penal Code, where such offence
consists of sexual intercourse by a man with his own w3e7 the wife being
ratter fifteen years of age,

(i) if more than one year has ekpsed from the date of the commission
****** of tifae ofi^ice,

(a) in tfae case of any marriage which has taken place before the Indian
Penal Code and the Criminal Procedure (Amendment) Act, 1949,
came into force, if the wife was not under thirteen years of age on
the date of the marriage (vide new section 198A in Act V of 1898,
Appei^Jix HI).

To constitute the offence of rape it is not necessary that there should
Ibe cJteiiete pe0ete»fim of the penis wife emission of semen and rupture of
3Jbe lipom. Filial p^tratkm <rf the |>enis witMn the labia majora of the
TOba or ptideiAim with or without dwssloi* of sateen or even an attempt
01 paaetetloiJ is quite sufficient for fee purposes of the law. IjJ$f therefore,
qodte ixassMe to COOT^I! legally the offence of "rape without producing any
tofapj to the genitals or leaving any seminal stabasi jjt*$uch a case the
afar sbotiH mentte tfae negative facts in hi§ repoii, btit should
not g^e Ms cgfaion Aat BO rape had been committed. Eye-witnesses or
©tfet OTCfumstantial ariteoce wii be required to prove the offence of rape.
»ire rape cairot %e prwed, fee ca$e may be dealt with as a less serious
$feiee of «feeeiii assault en a fmrfe ecW^lM with intent or knowledge
to outrage her imxfe%. Jt is paois3idbfe<vtJ(^            354 qf the Indian

Peuaf Code % k^irfemieiit of either                   for ^ %tm which may

exierf to tab jreai-^ *r fy fine^ or by bo^'iipiife,'                IV}.   What

2HT wtaagft on             modesty is not1 '^^'^j^fcere   This

^amrffeg to 4e ontefey ^d race to vbxftV:^^|^ "belongs.

liaads m te             ;rf a                                                the